By: Brown S.B. No. 1303
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the authority of the Parks and Wildlife Department to
1-2 establish a limited entry license management program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivisions (1) and (2), Section 47.001, Parks
1-5 and Wildlife Code, are amended to read as follows:
1-6 (1) "Commercial fisherman" means a person who for pay
1-7 or for the purpose of sale, barter, or exchange or any other
1-8 commercial purpose:
1-9 (A) catches aquatic products from the water of
1-10 this state except finfish from the tidal waters of this state; or
1-11 (B) unloads in this state aquatic products that:
1-12 (i) were taken from water outside this
1-13 state; and
1-14 (ii) have not been previously unloaded in
1-15 another state or a foreign country.
1-16 (2) "Commercial finfish fisherman" means a person who
1-17 catches finfish from the tidal waters of this state for pay or for
1-18 the purpose of sale, barter, exchange, or any other commercial
1-19 purpose. The term does not include a person who:
1-20 (A) holds an individual bait dealer's license
1-21 issued under this chapter;
1-22 (B) is in a vessel licensed under this chapter
1-23 as a menhaden boat and who takes menhaden; or
1-24 (C) takes minnows for bait only.
2-1 SECTION 2. Section 47.002, Parks and Wildlife Code, is
2-2 amended by adding Subsection (i) to read as follows:
2-3 (i) A person who engages in commercial finfish fishing under
2-4 Subchapter D and who holds a commercial finfish fisherman's license
2-5 issued under Subchapter D and possesses that license on board is
2-6 not required to obtain or possess a general commercial fisherman's
2-7 license.
2-8 SECTION 3. Section 47.007, Parks and Wildlife Code, is
2-9 amended by adding Subsection (f) to read as follows:
2-10 (f) A person who engages in commercial finfish fishing under
2-11 Subchapter D and who holds a commercial finfish fisherman's license
2-12 issued under Subchapter D and possesses that license on board is
2-13 not required to obtain or possess a commercial fishing boat
2-14 license.
2-15 SECTION 4. Section 47.0091, Parks and Wildlife Code, is
2-16 amended to read as follows:
2-17 Sec. 47.0091. PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE FISH
2-18 DEALERS. No wholesale fish dealer may purchase for resale or
2-19 receive for sale, barter, exchange, or any other commercial purpose
2-20 any aquatic product from any person or entity in this state unless
2-21 he purchases the product from the holder of:
2-22 (1) a general commercial fisherman's license;
2-23 (2) a commercial oyster fisherman's license;
2-24 (3) a commercial oyster boat license;
2-25 (4) a wholesale fish dealer's license;
2-26 (5) a fish farmer's license;
3-1 (6) a commercial shrimp boat license;
3-2 (7) a commercial oyster boat captain's license; [or]
3-3 (8) a commercial shrimp boat captain's license;
3-4 (9) a commercial crab fisherman's license; or
3-5 (10) a commercial finfish fisherman's license.
3-6 SECTION 5. Section 47.0111, Parks and Wildlife Code, is
3-7 amended to read as follows:
3-8 Sec. 47.0111. PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
3-9 DEALERS. No retail fish dealer may purchase for resale or receive
3-10 for sale, barter, exchange, or any other commercial purposes any
3-11 aquatic products from any person or entity in this state unless he
3-12 purchases the product from the holder of:
3-13 (1) a wholesale fish dealer's license;
3-14 (2) a general commercial fisherman's license, a
3-15 commercial shrimp boat license, [or] a commercial shrimp boat
3-16 captain's license, a commercial crab fisherman's license, or a
3-17 commercial finfish fisherman's license when the retail fish dealer
3-18 has given written notification to the director or his designee of
3-19 the dealer's intent to purchase aquatic products from the holder of
3-20 a general commercial fisherman's license, a commercial shrimp boat
3-21 license, [or] a commercial shrimp boat captain's license, a
3-22 commercial crab fisherman's license, or a commercial finfish
3-23 fisherman's license; or
3-24 (3) a fish farmer's license.
3-25 SECTION 6. Section 47.012, Parks and Wildlife Code, is
3-26 amended to read as follows:
4-1 Sec. 47.012. PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT
4-2 OWNER, OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or
4-3 employee may purchase for consumption by the restaurant's patrons
4-4 on the restaurant's premises any aquatic product from any person or
4-5 entity in this state unless the person purchases the aquatic
4-6 product from the holder of:
4-7 (1) a wholesale fish dealer's license;
4-8 (2) a general commercial fisherman's license;
4-9 (3) a fish farmer's license;
4-10 (4) a commercial shrimp boat license; [or]
4-11 (5) a commercial shrimp boat captain's license;
4-12 (6) a commercial crab fisherman's license; or
4-13 (7) a commercial finfish fisherman's license.
4-14 SECTION 7. Chapter 47, Parks and Wildlife Code, is amended
4-15 by adding Subchapter D to read as follows:
4-16 SUBCHAPTER D. FINFISH LICENSE MANAGEMENT
4-17 Sec. 47.071. FINFISH LICENSE MANAGEMENT PROGRAM. To promote
4-18 efficiency and economic stability in the commercial finfish
4-19 industry and to conserve economically important finfish resources,
4-20 the department shall implement a finfish license management program
4-21 in accordance with proclamations adopted by the commission under
4-22 Chapter 61 and this subchapter.
4-23 Sec. 47.072. DEFINITION. In this subchapter, "license"
4-24 means a commercial license issued in accordance with a proclamation
4-25 under this subchapter that authorizes a person to engage in
4-26 business as a commercial finfish fisherman.
5-1 Sec. 47.073. FINFISH LICENSE MANAGEMENT REVIEW BOARD.
5-2 (a) The license holders under this subchapter shall elect a
5-3 finfish license management review board of nine members.
5-4 (b) A majority of the members of the review board may not be
5-5 residents of the same county.
5-6 (c) The review board shall advise the commission and
5-7 department and make recommendations concerning the administrative
5-8 aspects of the finfish licensing program, including hardship appeal
5-9 cases concerning eligibility, license transfer, license renewal,
5-10 license suspension, and license revocation.
5-11 (d) The executive director shall adopt procedures for the
5-12 operation of the review board and the election and terms of board
5-13 members. The executive director shall solicit and consider
5-14 recommendations regarding these procedures from persons who
5-15 purchased commercial finfish fisherman's licenses after September
5-16 1, 1997, and through December 17, 1998.
5-17 (e) A member of the review board must:
5-18 (1) qualify to obtain a commercial finfish fisherman's
5-19 license under this subchapter; or
5-20 (2) be a person who has knowledge of the commercial
5-21 finfish industry.
5-22 (f) The review board is not subject to Chapter 2110,
5-23 Government Code.
5-24 (g) A member of the review board serves without compensation
5-25 or a per diem allowance.
5-26 Sec. 47.074. LICENSING. (a) No person may engage in
6-1 business as a commercial finfish fisherman unless the person has
6-2 obtained a commercial finfish fisherman's license.
6-3 (b) No person may engage in commercial finfish fishing
6-4 unless the person is aboard a boat operating under a license issued
6-5 by the commission and:
6-6 (1) the person possesses on board the boat:
6-7 (A) a commercial finfish fisherman's license
6-8 issued to the person; or
6-9 (B) a general commercial fisherman's license
6-10 issued to the person, a commercial finfish fisherman's license
6-11 issued to another person, and a copy of an affidavit that:
6-12 (i) authorizes the boat operator to use
6-13 commercial finfish fishing devices owned by the person to whom the
6-14 commercial finfish fisherman's license was issued; and
6-15 (ii) contains the date, the original
6-16 signature of the person to whom the commercial finfish fisherman's
6-17 license was issued, and the commercial finfish fisherman's license
6-18 number that matches the commercial finfish fisherman's license
6-19 plate number on the boat, if the department requires a license
6-20 plate; or
6-21 (2) the person possesses on board a commercial finfish
6-22 fisherman's license or a general commercial fisherman's license,
6-23 and another person possesses on board the documentation described
6-24 by Subdivision (1).
6-25 (c) Beginning September 1, 2000, the department may issue a
6-26 commercial finfish fisherman's license only to a person who
7-1 documents in a manner acceptable to the department that the person
7-2 held a commercial finfish fisherman's license during the period
7-3 after September 1, 1997, through December 17, 1998.
7-4 (d) A proclamation issued under this section shall establish
7-5 a commercial finfish fisherman's license in accordance with the
7-6 provisions of this subchapter.
7-7 Sec. 47.075. LICENSE FEE. The fee for a commercial finfish
7-8 fisherman's license issued under this subchapter is $300 or an
7-9 amount set by the commission, whichever amount is more. All fees
7-10 generated by the issuance of a license under this subchapter are to
7-11 be sent to the comptroller for deposit to the credit of the game,
7-12 fish, and water safety account subject to Section 47.081(d).
7-13 Sec. 47.076. LICENSE RENEWAL. A person seeking to renew a
7-14 license established by this subchapter must have held the license
7-15 during the preceding license year.
7-16 Sec. 47.077. LIMIT ON NUMBER OF LICENSES HELD. (a) A
7-17 person may not hold or directly or indirectly control more than one
7-18 license issued under this subchapter.
7-19 (b) A license issued to a person other than an individual
7-20 must designate an individual in whose name the license is issued.
7-21 Sec. 47.078. EXPIRATION OF LICENSE. A license required by
7-22 this subchapter is valid only during the period for which it is
7-23 issued without regard to the date on which the license is acquired.
7-24 Each period is one year beginning on September 1 or another date
7-25 set by the commission.
7-26 Sec. 47.079. LICENSE TRANSFER. (a) The commission by rule
8-1 may set a fee for the transfer of a license. The amount of the
8-2 transfer fee may not exceed the amount of the license fee.
8-3 (b) The commission shall send all license transfer fees to
8-4 the comptroller for deposit to the credit of the game, fish, and
8-5 water safety account subject to Section 47.081(d).
8-6 (c) The commission by proclamation shall allow a license to
8-7 be transferred beginning not later than September 1, 2002.
8-8 (d) Notwithstanding Subsection (c), a license may be
8-9 transferred at any time to an heir or devisee of a deceased license
8-10 holder but only if the heir or devisee is a person who in the
8-11 absence of a will would be entitled to all or a portion of the
8-12 deceased's property.
8-13 (e) Notwithstanding Subsection (c), a license may be
8-14 transferred at any time to a member of a license holder's immediate
8-15 family. In this subsection, a "member of a license holder's
8-16 immediate family" means a license holder's child, grandchild,
8-17 parent, brother, sister, or spouse.
8-18 Sec. 47.080. LICENSE SUSPENSION AND REVOCATION. (a) The
8-19 executive director, after notice to a license holder and the
8-20 opportunity for a hearing, may suspend a commercial finfish
8-21 fisherman's license if:
8-22 (1) the license holder or any other authorized
8-23 operator of the licensed vessel is convicted of one or more
8-24 flagrant offenses totaling three flagrant offenses involving the
8-25 licensed vessel; or
8-26 (2) the license holder is convicted of theft of
9-1 fishing gear or product associated with this subchapter.
9-2 (b) A suspension under this section may be for:
9-3 (1) six months, if:
9-4 (A) each of the three flagrant offenses occurred
9-5 within a 24-consecutive-month period beginning not earlier than
9-6 September 1, 2000; and
9-7 (B) the license holder has not previously had a
9-8 license suspended under this section;
9-9 (2) 12 months, if each of the three flagrant offenses
9-10 occurred within a 24-consecutive-month period and the license
9-11 holder has previously had a license suspended under this section;
9-12 or
9-13 (3) six months, if the license holder is convicted of
9-14 theft of fishing gear or product associated with this subchapter.
9-15 (c) The executive director, after notice and the opportunity
9-16 for a hearing, may permanently revoke a license issued under this
9-17 subchapter if:
9-18 (1) the license holder has previously had a license
9-19 suspended twice under this section, and the license holder or any
9-20 other authorized operator of the licensed vessel is convicted of
9-21 three flagrant offenses involving the licensed vessel in a
9-22 24-consecutive-month period; or
9-23 (2) the license holder is convicted of theft of
9-24 fishing gear or product associated with this subchapter, and the
9-25 license holder has had a license suspended previously under this
9-26 section.
10-1 (d) The same flagrant offense may not be counted for more
10-2 than one suspension under this section.
10-3 (e) For purposes of this section, a flagrant offense
10-4 includes:
10-5 (1) theft of trotlines or finfish, or any other
10-6 fishing gear or product associated with this subchapter;
10-7 (2) exceeding daily bag and possession limits in
10-8 violation of this code or of a proclamation of the commission
10-9 issued under this code;
10-10 (3) exceeding line and length limits in violation of
10-11 this code or of a proclamation of the commission issued under this
10-12 code;
10-13 (4) selling crabs in violation of this code;
10-14 (5) not removing fishing gear during closed periods as
10-15 required, in violation of this code or of a proclamation of the
10-16 commission issued under this code; or
10-17 (6) taking, attempting to take, or possessing fish
10-18 caught in public waters of this state by any device, means, or
10-19 method other than as authorized under this code or by a
10-20 proclamation of the commission issued under this code.
10-21 Sec. 47.081. LICENSE BUYBACK. (a) The department may
10-22 implement a license buyback program for licenses issued under this
10-23 subchapter as part of the finfish license management program
10-24 established by this subchapter.
10-25 (b) The commission by rule may establish criteria, using
10-26 reasonable classifications, by which the department selects
11-1 licenses to be purchased. The commission may delegate to the
11-2 executive director, for purposes of this section only, the
11-3 authority to develop the criteria through rulemaking procedures,
11-4 but the commission by order must finally adopt the rules
11-5 establishing the criteria. The commission or executive director
11-6 must consult with the finfish license management review board
11-7 concerning establishment of the criteria.
11-8 (c) The commission must retire each license purchased under
11-9 the license buyback program until the commission finds that
11-10 management of the finfish fishery allows reissue of those licenses
11-11 through auction or lottery.
11-12 (d) The department shall set aside at least 20 percent of
11-13 the fees from licenses issued and license transfers approved under
11-14 this subchapter to be used only for the purpose of buying back
11-15 those licenses from a willing license holder. That money shall be
11-16 sent to the comptroller for deposit to the credit of the game,
11-17 fish, and water safety account.
11-18 (e) The department may solicit and accept grants and
11-19 donations of money or materials from private or public sources for
11-20 the purpose of buying back licenses issued under this subchapter
11-21 from a willing license holder.
11-22 (f) Money to be used for the purpose of buying back licenses
11-23 issued under this subchapter is not subject to Section 403.095,
11-24 Government Code.
11-25 Sec. 47.082. LINE LIMITS. (a) Not later than September 1,
11-26 2000, the commission by proclamation issued under this code shall
12-1 authorize the holder of a commercial finfish fisherman's license to
12-2 use up to 20 trotlines not more than 600 feet long, or another
12-3 number and length of line authorized by commission proclamation,
12-4 to take or attempt to take finfish.
12-5 (b) No holder of a commercial finfish fisherman's license
12-6 may possess on board more than the number of lines prescribed by
12-7 this code or by commission proclamation issued under this code.
12-8 Sec. 47.083. CRAB TRAPS. (a) Not later than September 1,
12-9 2000, the commission by proclamation issued under this code shall
12-10 authorize the holder of a commercial finfish fisherman's license to
12-11 use up to 20 crab traps, or a number of traps authorized by
12-12 commission proclamation, for use in commercial fishing for bait
12-13 purposes only.
12-14 (b) This section does not authorize the taking of any
12-15 product for pay or for the purpose of sale, barter, or exchange.
12-16 Sec. 47.084. PROGRAM ADMINISTRATION; RULES. (a) The
12-17 executive director shall establish administrative procedures to
12-18 carry out the requirements of this subchapter.
12-19 (b) The commission shall adopt any rules necessary for the
12-20 administration of the program established under this subchapter.
12-21 (c) The commission shall prescribe all gear marking
12-22 requirements for trotlines and crab traps under this subchapter in
12-23 accordance with Chapter 66.
12-24 Sec. 47.085. DISPOSITION OF FUNDS. Money received for a
12-25 license issued under this subchapter and fines for violations of
12-26 this subchapter shall be remitted to the department by the 10th day
13-1 of the month following the date of collection.
13-2 Sec. 47.086. PROCLAMATION; PROCEDURES. Subchapter D,
13-3 Chapter 61, and Sections 61.054 and 61.055 apply to the adoption of
13-4 proclamations under this subchapter.
13-5 SECTION 8. Section 66.016, Parks and Wildlife Code, is
13-6 amended to read as follows:
13-7 Sec. 66.016. COMMERCIAL FISHING REGULATIONS APPLICABLE IF
13-8 COMMERCIAL PLATES ON BOARD. (a) A person on board a boat licensed
13-9 or required to be licensed for a commercial fishing activity under
13-10 Chapter 47, 76, [or] 77, or 78, or any other chapter of this code
13-11 may not catch and retain any fish species whose sale is prohibited
13-12 when taken from Texas waters. While commercial fishing plates are
13-13 on board, all commercial fishing regulations, size limits, bag
13-14 limits, possession limits, and the prohibited possession of
13-15 noncommercial fish species apply.
13-16 (b) Subsection (a) of this section does not apply to a
13-17 person on board a boat licensed under Chapter 47, 76, [or] 77, or
13-18 78 of this code if no commercial fishing plates are on board.
13-19 While no commercial fishing plates are on board, all recreational
13-20 fishing regulations, size limits, bag limits, and possession limits
13-21 apply.
13-22 SECTION 9. Subsection (f), Section 66.019, Parks and
13-23 Wildlife Code, is amended to read as follows:
13-24 (f) A cash sale ticket must include:
13-25 (1) the name of the seller;
13-26 (2) the general commercial fisherman's license number
14-1 and the commercial finfish fisherman's license number or the
14-2 general commercial fisherman's license number and the commercial
14-3 crab fisherman's license number, as applicable, if the holder of
14-4 the general commercial fisherman's license is selling finfish or
14-5 crabs;
14-6 (3) the general commercial fisherman's license number,
14-7 the commercial crab fisherman's license number, the commercial
14-8 finfish fisherman's license number, the commercial shrimp boat
14-9 captain's license number, the commercial shrimp boat license
14-10 number, or the commercial fishing boat license number of the seller
14-11 or of the vessel used to take the aquatic product, as applicable;
14-12 (4) [(3)] the number of pounds sold by species;
14-13 (5) [(4)] the date of sale;
14-14 (6) [(5)] the water body or bay system from which the
14-15 aquatic products were taken; and
14-16 (7) [(6)] price paid per pound per species.
14-17 SECTION 10. Effective September 1, 2000, Section 66.206,
14-18 Parks and Wildlife Code, is amended by adding Subsection (e) to
14-19 read as follows:
14-20 (e) This section does not apply to a person fishing
14-21 trotlines under a commercial finfish fisherman's license.
14-22 SECTION 11. Not later than September 1, 2000, the Parks and
14-23 Wildlife Department shall implement a finfish license management
14-24 program as provided by Section 47.071, Parks and Wildlife Code, as
14-25 added by this Act. On the effective date of a proclamation issued
14-26 by the Parks and Wildlife Commission under Subchapter D, Chapter
15-1 47, Parks and Wildlife Code, as added by this Act, establishing
15-2 requirements for a commercial finfish fisherman's license under
15-3 that subchapter, Section 47.003, Parks and Wildlife Code, is
15-4 repealed.
15-5 SECTION 12. The Parks and Wildlife Department shall issue a
15-6 written report to the governor and the legislature not later than
15-7 the beginning of the second regular legislative session to convene
15-8 following the implementation of a finfish license management
15-9 program under Subchapter D, Chapter 47, Parks and Wildlife Code, as
15-10 added by this Act. The report shall include an overview of the
15-11 administration and status of the license management program,
15-12 including the biological, social, and economic effects of the
15-13 program.
15-14 SECTION 13. This Act takes effect September 1, 1999.
15-15 SECTION 14. The importance of this legislation and the
15-16 crowded condition of the calendars in both houses create an
15-17 emergency and an imperative public necessity that the
15-18 constitutional rule requiring bills to be read on three several
15-19 days in each house be suspended, and this rule is hereby suspended.